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1. Revocation of the first instance judgment.
2. The Defendant’s acquisition by prescription on December 16, 2013, with respect to the Plaintiff’s 655 square meters in 1,000 square meters.
Reasons
1. Facts of recognition;
A. On November 17, 1918, the instant land was registered as its owner on the land cadastre with the assessment of the said land on November 17, 1918.
B. The deceased A (hereinafter “the deceased”) purchased the instant land from F around March 2, 1979 and the area of the instant land is inconsistent with the size of the land to be traded as indicated in the evidence No. 5 (Real Estate Sales Contract). However, the parcel number of the land to be traded as indicated in the evidence No. 5 and the lot number of the instant land are identical.
From that time, agricultural houses have been set up in the land of this case.
C. On December 16, 1993, the Defendant completed the registration of ownership preservation in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; Act No. 4502, Dec. 31, 1994) with respect to the land in this case and its neighboring area, respectively.
around November 2005, the Deceased created a charnel cemetery on the land of this case.
E. On December 26, 2018, after the date of the first instance judgment, the Deceased died on December 26, 2018, and the Plaintiff, the wife of the Deceased, agreed on the division of inherited property to solely inherit the right to claim the transfer registration of ownership of the instant land and taken over
[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings
2. The assertion and judgment
A. The following circumstances are as follows: (a) the deceased purchased the instant land from Mar. 2, 1979, and had a farming shed in the instant land from Nov. 2, 2005; and (b) the deceased created a tombstone in the instant land around Nov. 2, 2005; and (c) the Defendant owned a net Icele 83 square meters located in the vicinity of the instant land; and (b) the deceased owned a 833 square meters of the land adjacent to the instant land.